Article 17 of the Constitution of Japan

E440387

Article 17 of the Constitution of Japan guarantees citizens the right to seek compensation from the state or public entities for damage caused by unlawful acts of public officials.

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Statements (41)

Predicate Object
instanceOf article of the Constitution of Japan
constitutional provision
adoptedWith Constitution of Japan of 1947 NERFINISHED
appliesTo citizens
beneficiaries individuals harmed by unlawful acts of public officials
cameIntoForce 3 May 1947
category provision on remedies
provision on state responsibility
chapter Chapter III: Rights and Duties of the People
concerns state liability
tort liability of public entities
unlawful acts of public officials
enforceableThrough Japanese courts
guaranteesRight right to seek compensation from public entities
right to seek compensation from the state
hasEnglishName Article 17 NERFINISHED
hasJapaneseName 日本国憲法第17条
hasNumber 17
inForceIn Japan NERFINISHED
inspired State Redress Act of Japan NERFINISHED
interpretedBy Supreme Court of Japan NERFINISHED
jurisdiction Japan
language Japanese
legalEffect enables individuals to claim damages from the state
forms constitutional basis for state compensation claims
legalSystem Japanese law
normativeHierarchy supreme law within Japanese legal order
partOf Constitution of Japan NERFINISHED
purpose to ensure accountability of public officials
to provide redress for injuries caused by the state
relatedConcept public officials’ liability
state redress
relatedTo Article 40 of the Constitution of Japan
requires causal link between unlawful act and damage for compensation
compensation for damage caused by unlawful acts of public officials
existence of unlawful act by a public official as a condition for compensation
occurrence of damage as a condition for compensation
subjectMatter fundamental human rights
remedies for governmental wrongs
typeOfRight civil right
remedial right

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Chapter III of the Constitution of Japan containsArticle Article 17 of the Constitution of Japan